Berry - Seller Commercial Mechanics Lien FormCOMMERCIAL
MECHANIC’S LIEN AND PERSONS IN POSSESSION
INDEMNITY AGREEMENT
NAME OF SELLER: City of Northampton
NAME OF PURCHASER:Meetinghouse Realty Investments #600, LLC
PROPERTY IS LOCATED AT: Easthampton Road, Northampton, Massachusetts
The above named purchaser has requested Chicago Title Insurance Company (hereinafter referred to as the “Company”) to issue its policy of title insurance without exception for and insuring
against any loss arising from possible unfiled mechanic’s and/or materialmen’s liens or claims, and/or arising from the rights of tenants or parties in possession with respect to the
above-referenced property (the “Property”). In order to induce the Company to provide such insurance in connection with the purchase of the Property from the undersigned, the undersigned
(hereinafter referred to as “INDEMNITOR”) agrees to and undertakes the following obligations:
1.INDEMNITOR hereby agrees to, and hereby does indemnify the Company for any loss, cost or damage including attorneys fees resulting from any such mechanic’s and/or materialmen’s liens
or from any such rights of tenants or parties in possession.
2.In the event that any lien, claim or action arises as indemnified against hereinabove, is filed, recorded, made or commenced with respect to the Property, INDEMNITOR shall upon written
demand cause such lien, claim or action to be removed, terminated, satisfied, released or otherwise disposed of in any form and manner satisfactory to the Company.
3.If within ten (10) days after written demand, INDEMNITOR has unreasonably failed to cause any lien, claim or action to be removed, terminated, satisfied, released or discharged, INDEMNITOR
hereby agrees to reimburse or repay in full any reasonable costs and expenses incurred by the Company as a result of any reasonable action taken by the Company to extinguish such lien,
claim or action.
4.The total liability INDEMNITOR assumes under this agreement shall not exceed the face amount of any title insurance policy issued in connection with the Property.
5.The INDEMNITOR swears that there are no persons to whom a debt is due for labor or materials furnished in the erection, alteration, repair or removal of a building or structure upon
the Property by virtue of an agreement with, or by the consent of, the INDEMNITOR, or of a person having authority from, or rightfully acting for, the INDEMNITOR in promising or furnishing
such labor or materials for work actually performed during the past ninety-three (93) days, except as follows(if none, state NONE):NONE
6.The INDEMNITOR hereby further swears and represents that there are no tenants or persons in possession other than those listed below (if none, state NONE):NONE
7.Any notice required to be given to INDEMNITOR shall be deemed given if sent by certified or registered mail to INDEMNITOR at the following address:c/o Director of Planning & Sustainability,
210 Main St., Northampton, MA 01060
EXECUTED under the pains and penalties of perjury and as a sealed instrument this
3rdday of April, 2020.INDEMNITOR:CITY OF NORTHAMPTON By: ______________________________David J. Narkewicz
ItsMayor
COMMONWEALTH OF MASSACHUSETTS
COUNTY OF HAMPSHIRE
On this third day of April, 2020, before me the undersigned notary public, personally appeared DAVID J. NARKEWICZ, Mayor, and proved to me through satisfactory evidence of identification,
which was personal knowledge of the signatory's identity, to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he signed it voluntarily
for its stated purpose, as the Mayor of the City of Northampton, Massachusetts._________________________________________Notary Public: Wayne M. FeidenMy Commission Expires: October 26,
2023